10.11.10
Posted in Microsoft at 7:57 pm by Dr. Roy Schestowitz
Summary: Windows does not reveal the full extent of its vulnerabilities, but Microsoft acknowledges that the number of holes (some very severe) increases to an all-time high
A COUPLE of days ago we wrote about Microsoft planning to break the record of most patches in a single day, which just comes to show that security gets worse — not better — at Microsoft. The company has already admitted that its flaws and fixed are occasionally hidden, so the following British reports [1, 2] ought to be taken with the knowledge that these are merely lower bounds:
Microsoft plans to push out a bumper crop of 16 bulletins – four critical – as part of the October edition of Patch Tuesday next week. The updates represent Microsoft’s largest ever Patch Tuesday.
There are even more flaws that Microsoft is just not telling its customers about, whether they get patched this time or not. It’s not just deceitful (in a self-serving way), but it also irresponsible. Microsoft should be forced never to lie about the numbers, but as it stands, they do not violate any such law (none exists). █
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Posted in Apple, Asia, GNU/Linux, Google at 7:41 pm by Dr. Roy Schestowitz
Summary: Apple’s Godly hand strikes another manufacturer where phones of the ‘wrong’ brand were manufactured
Apple has already resorted to lawsuits against Android (with Linux) and now we discover that a design issue — not an alleged patent violation — is being used by Apple to remove a Linux-based phone from the market. “In case you have no idea what we’re talking about,” says Engadget, “earlier this month said Chinese company’s been in heated talks with Apple due to the M8 smartphone bearing an “appearance roughly similar” to the iPhone.” Apple appears to have gotten its way:
So, it looks like the M8′s all set for an early retirement, either way — it doesn’t look like Apple’s going to let this one go easily, and Jack’s also expressed concern over the fact that the IPO has the power to shut his factory down without going to court. That said, things are still looking positive for the elusive M9 — from the sounds of it, Meizu’s upcoming Android phone isn’t affected by this takedown (yet); but the question is whether Jack and co. can keep the shops running until a December launch for their next flagship device. Oh well, hang in there, Meizu!
Meizu M8 was going to have Android too.
Why does Apple fear commoditisation? If it can make phones that can justify their price, let competition do its thing. █
“Those who can, innovate, those who can’t, litigate.” –Harish Pillay, Red Hat (and others)
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Posted in GNU/Linux, Google, Microsoft, Patents at 7:02 am by Dr. Roy Schestowitz
Summary: The mobile arena is being distorted by Microsoft and some allies who use software patent to increase the cost of phones (including Linux phones); they are using patents on software also to scare manufacturers, giving them the impression that Linux is not free
BACK we go to talking about the mobbyists, who sometimes express love for Mono and almost always seem to promote software patents, even though they may hide their motives*. For those who are still in doubt, Microsoft suffers very badly (debt is growing) and in order to survive for a while longer it is attacking its main competitor, Linux, using software patents. Many companies that use Linux sign a patent deal with Microsoft but only a small fraction of those companies would name Linux as part of the deals. On two occasions so far Microsoft announced a patent lawsuit and injunction against companies for their use of Linux. There is more to it if one considers companies whose attacks on Linux Microsoft is funding indirectly.
As Groklaw keeps filling some gaps in the SCO case filings, a look back from Updegrove’s point of view treats SCO as the copyright challenge that never materialised because no infringement could be proven and besides, Novell is said to own UNIX.
Perversely, SCO’s suicidal mission against Linux therefore ultimately served to strengthen the role of the Linux operating system kernel it tried to encumber rather than the opposite. Today, the reality of FOSS/OSS is far stronger than it likely would have been had not SCO destroyed itself in its vain quest.
While it would go too far to thank SCO for what it has done for FOSS/OSS, the saga that hopefully ended yesterday does serve to prove the wisdom once again of that old adage, “Something good comes of all.”
SCO has been successful in the sense that it bought Microsoft a lot more time, only to eventually show that the claims were all in vain. Microsoft has since then moved to a new target and it is amassing software patents right now. According to Geek.com, “Microsoft [is] granted patent covering to-do lists” (yes, it is shameful for the USPTO too).
The to-do list. It’s a common enough task that no one would ever attempt to patent it as a general process of making a list. But Microsoft has decided that a to-do list specific to programming is worthy of protection and filed a patent covering it.
Sometimes Microsoft relies on companies which it funds or companies which comprise Microsoft staff to shove software patents down Linux’ throat. Likewise is one examples that we gave and now it goes after Sun/Oracle customers (who will be better off using something similar without all the Microsoft patent tax).
“Either way, ACCESS is now paid by Microsoft, which is interesting because it employed a mobbyist who was disrupting GNOME, GNU, and at times defending/promoting software patents (his employer’s agenda).”Yesterday and the day before that we continued to show that Microsoft pays Acacia and ACCESS. Due to an article which claims ACCESS to be an Acacia subsidiary (to quote, ‘It said the software giant paid licence fees for “a portfolio of patents related to smartphones owned by [Acacia subsidiary] ACCESS Co, Ltd”.’), we had to look deeper into it all. We could not verify this, so maybe it’s a mistake by the author and we have informed her. Either way, ACCESS is now paid by Microsoft, which is interesting because it employed a mobbyist who was disrupting GNOME, GNU, and at times defending/promoting software patents (his employer’s agenda). According to this press release, there was Microsoft money on his table (at least indirectly because it’s an employer, who in turn passes a paycheque), which is interesting. “M$ Funds a Patent-Troll” says this headline from Pogson, who claims: “This time the patent-troll will be going after Androidy smartphone makers so “the enemy of my enemies is my friend”.” From The Register:
So perhaps, somewhat uncharacteristically, Microsoft was simply heading off any such headache by signing a licence deal with Acacia.
Interestingly Acacia, as previously noted by Groklaw, does have a history of hiring Microsoft veterans to work at its offices. It appointed ex-Microsoft Intellectual Property general manager Brad Brunell in 2007.
In July of that year the firm also took on Jonathan Taub, who Acacia promoted to the job of senior vice president just this month.
As Acacia points out in his corporate bio: “Prior to joining Acacia, he was Director of Strategic Alliances for Microsoft’s Mobile and Embedded Devices division and Business Development Manager for Microsoft’s Security Business Unit.”
So it’s hardly surprising to see the two companies play nice over licensing. It also means Microsoft, for once, won’t be under the patent sueball spotlight.
One piece of news that we mentioned some days ago is Ballmer’s push for a patent law “reform”, which he spoke about in LSE (England). Here is some dedicated coverage of the issue he raised in Europe:
Microsoft chief executive: patent laws need reforming
[...]
“Is the patent system perfect, or the world in which we live? Answer is of course not, the patent law was crafted in a day and age that preceded modern IT systems,” Ballmer said, pointing out that two of the biggest industries which use patent law – the pharmaceutical and software industries – did not exist when original patent law was written in the late 19th century.
“We think that the law ought to be reformed to reflect modern times. But if you ask me in general ‘are we better off with today’s patent system, or no system?’ We’re better off with today’s patent system,” Ballmer said.
Ballmer is using BSA propaganda to justify his agenda (BSA is funded by Microsoft and it also lobbies for RAND/software patents in Europe). Words like “piracy” are being used.
It’s clear that Microsoft cannot compete anymore, at least not in the mobile arena. Verizon rejects Microsoft’s products after being bruised as a disgruntled partner (“KIN”):
Asked by Cnet, here, whether Verizon will offer devices on its 4G LTE network, coming later this year, McAdam said: “I can’t really say which phones we’ll offer yet. We like our relationship with Microsoft. But clearly in the US there are three major mobile operating systems: RIM, Google, and Apple.”
Microsoft must already know deep inside that it cannot beat UNIX/Linux in mobile devices, so it goes raiding those who are fragile. “Why Is Microsoft Going After Motorola And Android?” That’s the question OStatic answers and analyses as follows:
Indeed, it is interesting that Microsoft went after Motorola and not Google. (Motorola’s Droid phones have a custom MotoBlur interface that sits on top of Android.) All in all, this move from Microsoft seems to be a Hail Mary from a company that has been marginalized in the smartphone business and is now going after very fundamental types of feature sets found in other manufacturers’ smartphones.
An important point which seems to be missing from the above analysis is that Motorola has had more financial issues, just like TomTom. Google would fight back and not run away to Windows, as pointed out in IRC by some regulars. So Microsoft goes after weak companies. What Microsoft has essentially been doing is act like a patent troll which assumes the attacked entity will settle without challenge and in other cases Microsoft funds or passes patents to patent trolls [1, 2, 3, 4, 5, 6], whose goal may be to elevate the cost of Linux-based operating systems. Dana Blankenhorn has an interesting take on it, too.
The FSF says that Vista Phone 7 [sic] is “the best choice for Patent Trolls” and we translated its article to Spanish because tomorrow is Microsoft’s big day.
On Monday October 11, 2010 Microsoft will release Windows Phone 7 software, backed by the largest phone marketing campaign in history: reports estimate costs at between 400 and 500 million dollars.
Why does Microsoft need to spend so much money promoting their latest proprietary software? Clearly they face strong competition, but marketing, especially for high end mobile phones, is about creating an image in the consumer’s mind; an image that they want to identify with.
And that’s the problem that Microsoft has. Who wants to be identified with Microsoft? Who wants to be identified with a corporation run by Steve Ballmer?
Windows 7 Phone Series: Another proprietary device designed to trash your rights.
Microsoft has a long history of unethical behavior in the software industry, abusing competitors and its customers alike. Steve Ballmer has long been recognized as the leading force behind this behavior at Microsoft. Yet amazingly he was promoted to lead the corporation when Bill Gates stepped down.
Worry not for a moment about Vista Phone 7. Even analysts who are paid by Microsoft admit this will fail and all that Microsoft can do right now is elevate the cost of its rivals and ensure that their profits become Microsoft’ own profits. It’s not an honourable way to compete. It is more like racketeering [1, 2, 3, 4, 5, 6, 7]. █
“The first wave will attack the perception that Linux is free.”
–Brian Valentine, Microsoft
____
* In some cases they pretend to represent the very opposite side while they derail public policies, as in ACT’s case. Jeremy Allison has just described the latest exposé as “Great analysis of (wikileaked) plan to curb the free software in the EU. [...] Jonathan Zuck really is the mouth of Sauron.”
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Posted in GNU/Linux, Kernel, Microsoft, Mono, Patents, VMware, Wine at 4:26 am by Dr. Roy Schestowitz

Paul Maritz
Photo by Robert Scoble
Summary: Non-standard and Microsoft-controlled APIs are said to be pushed into Microsoft’s #1 competition (Linux) via the VM company people should beware as it also strives to buy Mono
MICROSOFT is not the only company which attacks GNU/Linux using software patents, not anymore anyway (thus the need to diversify). But some of the companies which are attacking GNU/Linux using software patents are either Microsoft partners or entities which are accommodated by former Microsoft staff and today we’ll show some examples from the news. This post concentrates on VMware, which would be better off known as VMB_ware.
As we’ve been stressing and documenting for a couple of years, VMB_ware is the home of several ex-Microsoft executives. Even Microsoft bloggers are saying it. This does not take some crazy theory to show, one just needs to read the CVs of the top management there.
We have written several lengthy posts which explain how VMB_ware suffocates Zimbra [1, 2, 3], which poses a risk to Microsoft’s Exchange (VMB_ware’s parent company, EMC, appears to be promoting Exchange). Why can’t more people foresee the negative effects of SUSE being offered to VMB_ware?
One of our readers who goes by the name of gnufreex raised a curious point a short while ago. By the way, his opinions are his own are there are attempts by mobbyists to smear Techrights over mere informal words (IRC) of people who participate, so be sure to check context. To quote just a portion of a much longer discussion:
| -TRIdentica/#techrights-[phoronix/@phoronix] Wine 1.2.1 Brings A Bunch Of Fixes: While a lot of new code has already been introduced into the Wine 1.3 developm… http://bit.ly/cwdVRe |
Oct 08 17:49 |
| TechrightsBot-tr |
Title: [Phoronix] Wine 1.2.1 Brings A Bunch Of Fixes .::. Size~: 15.41 KB |
Oct 08 17:49 |
| gnufreex |
Wine guys shitcaned Direct3D |
Oct 08 17:50 |
| gnufreex |
No can do says them |
Oct 08 17:50 |
| -TRIdentica/#techrights-[mairin/@mairin] @bkuhn can i see the logo? i haven’t seen any links to it! |
Oct 08 17:51 |
| Tekk_ |
O.o |
Oct 08 17:51 |
| Tekk_ |
isn’t direct3d needed for like……..everything now? |
Oct 08 17:51 |
| gnufreex |
No.. Not that way. |
Oct 08 17:51 |
| Tekk_ |
hmm? |
Oct 08 17:51 |
| gnufreex |
I meant Linux native Direct3D |
Oct 08 17:51 |
| Tekk_ |
ah |
Oct 08 17:51 |
| Tekk_ |
as opposed to through wine |
Oct 08 17:52 |
| gnufreex |
VMware is creating Linux native Direc3D |
Oct 08 17:52 |
| gnufreex |
They bought Tungsten Graphics |
Oct 08 17:52 |
| gnufreex |
They work on Gallium3D |
Oct 08 17:52 |
| Tekk_ |
oh dear god |
Oct 08 17:52 |
| gnufreex |
And they now pluged Direct3D in Galallium |
Oct 08 17:52 |
| Tekk_ |
that’s the biggest patent trap I could ever imagine |
Oct 08 17:52 |
| gnufreex |
Yes |
Oct 08 17:52 |
| Tekk_ |
go for it vmware! but take novell with you first! |
Oct 08 17:53 |
| gnufreex |
I am sure VMware wil crosslicense. |
Oct 08 17:56 |
| gnufreex |
We can hate them next. |
Oct 08 17:56 |
| Tekk_ |
yayyyy |
Oct 08 17:56 |
| -TRIdentica/#techrights-[bkuhn/@bkuhn] @mairin, which logo? Conservancy logo @fabsh designed is on sfconservancy.org . First candidate !FaiFCast logo from @vinzv is: ur1.ca/204bi |
Oct 08 17:57 |
| -TRIdentica/#techrights-[mairin/@mairin] @bkuhn oh wow i really love the logo @fabsh did, kick ass! |
Oct 08 17:57 |
| DiabloD3 |
[12:52:41] <Tekk_> that’s the biggest patent trap I could ever imagine\ |
Oct 08 17:58 |
| DiabloD3 |
how so? |
Oct 08 17:58 |
| DiabloD3 |
and by the way |
Oct 08 17:58 |
| DiabloD3 |
its for d3d10/11 only |
Oct 08 17:58 |
| DiabloD3 |
the API is pretty different from 9 and earlier |
Oct 08 17:58 |
| gnufreex |
Really, VMware is deader as KVM is better and better. |
Oct 08 17:58 |
[...]
| DiabloD3 |
Tekk_: yes, but they cant patent anything here that GL isnt already in violation of |
Oct 08 17:59 |
| Tekk_ |
oh, so there’s hope |
Oct 08 17:59 |
| DiabloD3 |
its just an API |
Oct 08 17:59 |
| DiabloD3 |
it works the same way GL3 in future mode does. |
Oct 08 17:59 |
| Tekk_ |
so they could basically just make it a wrapper? |
Oct 08 18:00 |
| Tekk_ |
cool |
Oct 08 18:00 |
| DiabloD3 |
well, wine is “just a wrapper” |
Oct 08 18:00 |
| DiabloD3 |
they’re making a native state tracker just to make it faster |
Oct 08 18:00 |
| gnufreex |
But there is again problem. |
Oct 08 18:00 |
| DiabloD3 |
theres no “problem” |
Oct 08 18:00 |
| gnufreex |
Games will port to Linux and it will be DirectX |
Oct 08 18:01 |
| gnufreex |
That is bad., |
Oct 08 18:01 |
| DiabloD3 |
you can write D3D10/11 native code on linux… but you cant run that code on windows |
Oct 08 18:01 |
| gnufreex |
They should be OpenGL |
Oct 08 18:01 |
| DiabloD3 |
and you cant take your windows code and compile it on linux |
Oct 08 18:01 |
| DiabloD3 |
so you still need wine |
Oct 08 18:01 |
| DiabloD3 |
gnufreex: and no |
Oct 08 18:02 |
| DiabloD3 |
go look at d3d10/11 |
Oct 08 18:02 |
| DiabloD3 |
its almost an entirely different API |
Oct 08 18:02 |
| gnufreex |
OpenGL is better. I looked. |
Oct 08 18:02 |
| DiabloD3 |
opengl3 in future mode, and d3d10/11 do shit how the card wants it |
Oct 08 18:02 |
-TRIdentica/#techrights-[mairin/@mairin] @fabsh i could tell from the smaller version – it’s brilliant. the circuit board roots too |
Oct 08 18:02 |
| DiabloD3 |
they both act and work the same |
Oct 08 18:02 |
| DiabloD3 |
microsoft basically admitted d3d was trash, and cloned opengl with a d3d naming style |
Oct 08 18:02 |
| DiabloD3 |
its sorta like what c# is to java |
Oct 08 18:03 |
| gnufreex |
So they will later do extend and extinguish |
Oct 08 18:03 |
| DiabloD3 |
get what Im saying? |
Oct 08 18:03 |
| DiabloD3 |
well, they cant extend and extinguish |
Oct 08 18:03 |
| DiabloD3 |
opengl keeps pushing features first |
Oct 08 18:03 |
| DiabloD3 |
microsoft has to somehow get AMD and Nvidia both to support d3d features before opengl has them |
Oct 08 18:03 |
| DiabloD3 |
which is impossible |
Oct 08 18:04 |
| DiabloD3 |
microsoft refuses to let vendors be part of the design process |
Oct 08 18:04 |
-TRIdentica/#techrights-[fabsh/@fabsh] @mairin Hehehe…. Thanks. @bkuhn had the original idea and we refined it together. I really like doing logos! |
Oct 08 18:04 |
| DiabloD3 |
which is extremely hilarious about d3d10 |
Oct 08 18:04 |
| DiabloD3 |
they copied an API that has 100% vendor input AND is older than d3d |
Oct 08 18:04 |
| gnufreex |
Stupid people think DirectX is better than OpenGL. And most people are stupid. So it doesn’t matter. |
Oct 08 18:04 |
| DiabloD3 |
gnufreex: well now it no longer matters |
Oct 08 18:05 |
| DiabloD3 |
d3d IS opengl. |
Oct 08 18:05 |
| DiabloD3 |
well, d3d10/11 is |
Oct 08 18:05 |
| DiabloD3 |
its the same fucking api, just with incompatible syntax. |
Oct 08 18:05 |
| gnufreex |
I have tough time beleiving that. |
Oct 08 18:05 |
| DiabloD3 |
microsoft has basically killed d3d10/11 adoption because of it |
Oct 08 18:05 |
| DiabloD3 |
all the hardcore opengl haters wont go to 10/11 from 9 |
Oct 08 18:05 |
-TRIdentica/#techrights-[bkuhn/@bkuhn] @fabsh sounds like you and @vinzv should fight over who gets the !FaiFCast logo,then. competing logo proposals could be fun for me & @kaz |
Oct 08 18:06 |
| DiabloD3 |
(which 10/11 is vista7′s big selling point for gamers) |
Oct 08 18:06 |
| gnufreex |
So then, this is the time when OpenGL should be pushed hard. No phuckin DirectX |
Oct 08 18:06 |
| DiabloD3 |
gnufreex: not at all. |
Oct 08 18:06 |
| DiabloD3 |
the problem is, the state tracker doesnt do anything for me |
Oct 08 18:06 |
| DiabloD3 |
portal 2 is a d3d9 game. |
Oct 08 18:06 |
| gnufreex |
Why to let MS kill DirectX |
Oct 08 18:06 |
| gnufreex |
? |
Oct 08 18:06 |
| gnufreex |
If Linux have DirectX, OpenGL is dead |
Oct 08 18:06 |
| gnufreex |
Nobody will use it |
Oct 08 18:07 |
| DiabloD3 |
not at all |
Oct 08 18:07 |
| DiabloD3 |
the most important game of the year is d3d9. |
Oct 08 18:07 |
| gnufreex |
Everybody thinks DirectX is best thing since slice bread. |
Oct 08 18:07 |
| DiabloD3 |
and no, NO ONE thinks directx is any good |
Oct 08 18:07 |
| gnufreex |
Everybody are idiots. |
Oct 08 18:07 |
| DiabloD3 |
it costs sales. |
Oct 08 18:07 |
| DiabloD3 |
no android sales, no mac sales, no iphone sales. |
Oct 08 18:07 |
| DiabloD3 |
and theres only one game console that uses d3d, and thats xbox, and the xbox doesnt do 10/11, it uses a customized version of 9 |
Oct 08 18:08 |
| DiabloD3 |
so if they’re shipping pc AND xbox, its going to be a d3d9 pipeline (or multiple pipelines, and everyone hates that) |
Oct 08 18:08 |
| -TRIdentica/#techrights-[fabsh/@fabsh] @bkuhn OK. I have an idea for one. Will try to squeeze it into my schedule…. @vinzv |
Oct 08 18:09 |
| DiabloD3 |
all the other game consoles either offer some opengl or opengl-like api, or the rendering pipeline is completely different (ps2/psp/ps3, etc) |
Oct 08 18:09 |
| DiabloD3 |
gnufreex: dx is rather dead |
Oct 08 18:10 |
| DiabloD3 |
most games being sold are either opengl, or are neither gl or d3d. |
Oct 08 18:10 |
| DiabloD3 |
why sell a silly PC game, when you can sell 25 times more on the DS? or 15 times more on the wii? |
Oct 08 18:10 |
| DiabloD3 |
or if you need those next gen graphics, 10 to 15 times more on a PS3. |
Oct 08 18:11 |
| DiabloD3 |
xbox has very few native xbox titles, and they dont sell well |
Oct 08 18:11 |
| DiabloD3 |
gnufreex: so d3d10/11 on linux really doesnt mean shit at the end of the day. |
Oct 08 18:11 |
| DiabloD3 |
not only that, they’ve cut themselves out of the largest gaming segment: casual gamers |
Oct 08 18:13 |
| DiabloD3 |
I already mentioned iphone and android |
Oct 08 18:13 |
| DiabloD3 |
but appletv and google tv may end up being casual gamer platforms as well |
Oct 08 18:13 |
| DiabloD3 |
and microsoft is totally fucked out of that. |
Oct 08 18:13 |
| gnufreex |
Apple has propriatary OpenGL extensions. Stipid Steve Jobs. |
Oct 08 18:14 |
| DiabloD3 |
nope. |
Oct 08 18:15 |
| DiabloD3 |
Apple is a vendor, they actually CAN name new extensions |
Oct 08 18:16 |
| DiabloD3 |
its legit |
Oct 08 18:16 |
| DiabloD3 |
and several apple extensions have made it into core. |
Oct 08 18:16 |
| DiabloD3 |
apple maintains their own opengl stack for osx, and also a different one for opengl es on iOS hardware |
Oct 08 18:16 |
| DiabloD3 |
mesa also has extensions |
Oct 08 18:16 |
| DiabloD3 |
gnufreex: you cant just mysteriously have a phantom extension |
Oct 08 18:17 |
| DiabloD3 |
you have to register for a number, and you cant register without a completed spec |
Oct 08 18:17 |
| DiabloD3 |
gnufreex: I have no problem with Apple proposing new extensions |
Oct 08 18:19 |
| DiabloD3 |
even Microsoft had that power at one time, before they quit the opengl board |
Oct 08 18:20 |
| gnufreex |
When I last heard about that, Apple was not feeding back into core. |
Oct 08 18:20 |
| gnufreex |
You say they are. |
Oct 08 18:21 |
| gnufreex |
Then it’s fine. |
Oct 08 18:21 |
The short story is that it’s being suggested that VMB_ware is promoting Microsoft’s DirectX at OpenGL’s expense, even inside Linux. The problems are obvious; just like with Mono, it’s about control and patents. It’s something to keep an eye on, for sure.
Microsoft is already attacking GNU/Linux using patents (even in the courtroom several times) and that’s a subject we’ll cover in the next post. █
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Posted in Asia, Europe, IBM, Patents at 3:40 am by Dr. Roy Schestowitz

Photo from Prolineserver
Summary: A Nobel Prize winner, professor Geim, joins the ranks of many people in his level whose thoughts about patents are very rational and progressive
Professor Andre Konstantinovich Geim earned the Nobel Prize at a very young age. I am inspired by him and am especially proud of his achievement because Geim — like myself — comes from the University of Manchester. When I did my Ph.D. there, my supervisor who holds an OBE was supportive of the fact that I shared all my code and never used proprietary software other than MATLAB (in order to interact and inter-operable with colleagues). It worked extremely well for me.
Geim has made some spectacular invention and he, unlike some in his field, chose to turn his back on patents. To quote a new Andre Geim interview with Nature: [via]
We considered patenting; we prepared a patent and it was nearly filed. Then I had an interaction with a big, multinational electronics company. I approached a guy at a conference and said, “We’ve got this patent coming up, would you be interested in sponsoring it over the years?” It’s quite expensive to keep a patent alive for 20 years. The guy told me, “We are looking at graphene, and it might have a future in the long term. If after ten years we find it’s really as good as it promises, we will put a hundred patent lawyers on it to write a hundred patents a day, and you will spend the rest of your life, and the gross domestic product of your little island, suing us.” That’s a direct quote.
I considered this arrogant comment, and I realized how useful it was. There was no point in patenting graphene at that stage. You need to be specific: you need to have a specific application and an industrial partner. Unfortunately, in many countries, including this one, people think that applying for a patent is an achievement. In my case it would have been a waste of taxpayers’ money.
We recently commented on the attitude towards patents in Nature.
Geim should not be ridiculed for his views, quite the contrary in fact. The Wall Street Journal has this new article titled “The Genius of the Tinkerer” and it says that “ideas are works of bricolage. They are, almost inevitably, networks of other ideas. We take the ideas we’ve inherited or stumbled across, and we jigger them together into some new shape.”
In the field of computer technology, IBM and Apple are believed to be most innovative, at least when people are asked on the issue (some people may also name Google). But people must be confusing hype and patents with actual innovation, which need not be accompanied by any patents at all, just a very good product or experimental results (execution of ideas, not documentation or monopolisation).
According to this new post, IBM continues to file for absolutely sickening patents:
IBM Patents Dividing The Number 60 By Your Car’s Speed
theodp writes “”A billboard,” IBM explains to the USPTO in its newly granted patent for Determining Billboard Refresh Rate Based on Traffic Flow, “is a large outdoor advertisement.” Guess you have to pad your writing a bit when a cornerstone of your ‘invention’ is dividing the number 60 by the speed of a car (in mph). To be fair, Big Blue explains things this way in the patent: “A system for determining the refresh rate per minute of the dynamic billboard based on the traffic flow information, wherein the refresh rate is equal to 60 mph/V, wherein V is equal to an average velocity in miles per hour of vehicles passing the dynamic billboard. If the average velocity is 60 mph, the new refresh rate of the dynamic billboard is one refresh per minute (i.e., each advertisement is displayed for one minute), while if the average velocity is 10 mph, the new refresh rate of the dynamic billboard is six refreshes per minute (i.e., each advertisement is displayed for ten seconds).” Which begs a question: Will you see an infinite number of ads if traffic comes to a full stop?”
Last week Apple received an opportunity to learn a lesson about software patents and why they should be avoided. Well, even more reminders are sent Apple’s way now that it is ordered to pay 0.6 billion US dollars just for Cover Flow. What is Apple’s crime here really? One can almost sympathise but also hope that Apple will learn its lessons from this and drop its lawsuit against Linux (legal action via HTC).
The New York Times (NYT) has this new article which helps show just how dependent pharmaceutical giants are on patents for profit reasons, not for research reasons. Last year we wrote several posts to explain that excess profits at pharmaceutical companies contribute almost nothing towards the making of better drugs. Their patents too should be abolished according to some intellectuals. There are better ways of producing medicine while also serving the population.
These are challenging times for Eli Lilly, the company he leads. It is losing patent protection in the next seven years on drugs that accounted for 74 percent of its sales in 2009, a decline considered to be the worst patent cliff facing major companies in the industry.
So what? They can still make new drugs, just not rely on obscene profit margins and exclusion of generics, which results in easily-preventable deaths. The title from the NYT is “Patents Ending, Eli Lilly Chases New Drugs” and it’s all just a sob story which describes patents as “patent protection” rather than “patent monopoly”. As Mike Masnick puts it, “Eli Lilly’s Reliance On Patents May Be Its Downfall” and here is an important point:
Because the patents on the drugs that make up most of its revenue are all set to expire soon, and their pipeline of newly patented drugs is pretty far behind.
Science does not really need patents all that much. Historically, patents were an award to encourage a person to publish ideas rather than die with trade secrets. In these days and age of the Internet, the same rationale is hardly applicable anymore and the same goes for copyrights. Reform seems inevitable, even though the Old Guard may delay it for a few more years.
Patents mean not to share. Patents are a monopoly. Are monopolies a good thing all of a sudden? █
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